Public Notice Proposed Rulemaking Governing Coal Combustion Residuals
Notice is hereby given that the Director of Environmental Protection, under the authority of Section 3734.48 of the Ohio Revised Code and in accordance with Chapter 119, proposes to original file the following rule of the Ohio Administrative Code:
3745-525-01 Scope and purpose, 40 CFR 257.50.
3745-525-02 Applicability of other regulations, 40 CFR 257.52.
3745-525-03 Definitions, 40 CFR 257.53.
3745-525-10 Relationships among authorizing documents, rules, and the authority of the director.
3745-525-950 Assessment of corrective measures, 40 CFR 257.96.
3745-525-960 Selection of remedy, 40 CFR 257.97.
3745-525-970 Implementation of the corrective action program, 40 CFR 257.98.
These rules address coal combustion residuals (CCR) regulations.
The purpose of this rulemaking is to fulfill the obligations of ORC section 3734.48, which prescribes the director to adopt rules having uniform application throughout the state governing coal combustion residuals units. The director shall ensure that the rules are equivalent to, but not more stringent than, 40 C.F.R. Part 257.
The public comment period will run until June 2, 2026. A public hearing on this proposed rulemaking will be held to consider public comments in accordance with Section 119.03 of the Ohio Revised Code. Ohio EPA will be holding an in-person and virtual public hearing on the rules on June 2, 2026 at 10:30 a.m. The in-person hearing will be at the same time and date and will be located at Ohio EPA, Suite 700, 50 W. Town Street, Columbus, Ohio 43215. During the hearing, the public may submit written comments on the record about the proposed rules if participating virtually and verbally if participating in person.
Registration for the in-person hearing is not required. Citizens intending to give testimony at the hearing should notify the Ohio EPA Public Interest Center, P.O. Box 1049, Columbus, Ohio 43216-1049, (614) 644-2160 or by emailing mary.mccarron@epa.ohio.gov. Prior registration will ensure that registrants are heard ahead of those individuals who register at the hearing. Oral testimony may be limited to five minutes, depending on the number of persons testifying. All interested persons are entitled to attend or be represented and to present oral and/or written comments concerning the proposed rulemaking.
Written testimony should be sent to the attention of Michelle Mountjoy at the Division of Materials and Waste Management, P.O. Box 1049, Columbus Ohio 43216-1049 or can be submitted electronically below. Written comments may also be submitted to the Hearing Officer at the public hearing. Written testimony will receive the same consideration as oral testimony. All testimony received at the hearing or by close of business on June 2, 2026, will be considered by Ohio EPA prior to final action on this rulemaking proposal. Written comments submitted after this date may be considered as time and circumstances permit.
Questions regarding this rule package should be directed to Michelle Mountjoy at the Division of Materials and Waste Management at (614) 728-5372 or michelle.mountjoy@epa.ohio.gov.
To receive a copy of the proposed rules, please contact the Division of Materials and Waste Management receptionist at (614) 644-2621. In addition, full copies of all proposed rules are available for review at any Ohio EPA district office and at the Ohio EPA central office. The proposed rules are also accessible on DMWM web page at https://epa.ohio.gov/divisions-and-offices/materials-and-waste-management/regulations/proposed-rules.
Public Notice Proposed Rulemaking Governing Coal Combustion Residuals
Notice is hereby given that the Director of Environmental Protection, under the authority of Section 3734.48 of the Ohio Revised Code and in accordance with Chapter 119, proposes to original file the following rule of the Ohio Administrative Code:
3745-525-01 Scope and purpose, 40 CFR 257.50.
3745-525-02 Applicability of other regulations, 40 CFR 257.52.
3745-525-03 Definitions, 40 CFR 257.53.
3745-525-10 Relationships among authorizing documents, rules, and the authority of the director.
3745-525-50 Recordkeeping requirements, 40 CFR 257.105.
3745-525-60 Notification requirements, 40 CFR 257.106.
3745-525-70 Publicly accessible internet site requirements, 40 CFR 257.107.
3745-525-80 Additional recordkeeping, notification, and publicly accessible internet site requirements.
3745-525-101 Location restriction demonstration - placement above the uppermost aquifer, 40 CFR 257.60.
3745-525-102 Location restriction demonstration - wetlands, 40 CFR 257.61.
3745-525-103 Location restriction demonstration - fault areas, 40 CFR 257.62.
3745-525-104 Location restriction demonstration - seismic impact zones, 40 CFR 257.63.
3745-525-105 Location restriction demonstration - unstable areas, 40CFR 257.64.
3745-525-201 Design criteria for new CCR landfills and any lateral expansion of a CCR landfill, 40 CFR 257.70.
3745-525-202 Liner design criteria for existing CCR surface impoundments, 40 CFR 257.71.
3745-525-203 Liner design criteria for new CCR surface impoundments and any lateral expansion of a CCR surface impoundment, 40 CFR 257.72.
3745-525-204 Structural integrity criteria for existing CCR surface impoundments, 40 CFR 257.73.
3745-525-205 Structural integrity criteria for new CCR surface impoundments and any lateral expansion of a CCR surface impoundment, 40 CFR 257.74.
3745-525-300 CCR unit permit to install and operate.
3745-525-310 CCR unit permit to install and operate application contents.
3745-525-315 Criteria for approval of an application for a permit to install and operate for a CCR unit.
3745-525-320 Procedure for a permit to install and operate for a CCR unit.
3745-525-340 Minor modifications.
3745-525-350 Termination of a permit to install and operate.
3745-525-370 Transfer of a permit to install and operate for a CCR unit.
3745-525-400 Access.
3745-525-610 Air criteria, 40 CFR 257.80.
3745-525-620 Run-on and run-off controls for CCR landfills, 40 CFR 257.81.
3745-525-630 Hydrologic and hydraulic capacity requirements for CCR surface impoundments, 40 CFR 257.82.
3745-525-640 Inspection requirements for CCR surface impoundments, 40 CFR 257.83.
3745-525-650 Inspection requirements for CCR landfills, 40 CFR 257.84.
3745-525-700 Inactive CCR surface impoundments, 40 CFR 257.100.
3745-525-710 Closure or retrofit of CCR units, 40 CFR 257.101.
3745-525-720 Criteria for conducting the closure or retrofit of CCR units, 40 CFR 257.102.
3745-525-730 Alternative closure requirements, 40 CFR 257.103.
3745-525-750 Post-closure care requirements, 40 CFR 104.
3745-525-800 Financial assurance for new and existing active CCR landfill closure and for post-closure care.
3745-525-810 Wording of financial assurance instruments.
3745-525-900 Groundwater monitoring and corrective action applicability, 40 CFR 257.90.
3745-525-910 Groundwater monitoring systems, 40 CFR 257.91.
3745-525-920 Groundwater sampling and analysis requirements, 40 CFR 257.93.
3745-525-930 Detection monitoring program, 40 CFR 257.94.
3745-525-940 Assessment monitoring program, 40 CFR 257.95.
3745-525-950 Assessment of corrective measures, 40 CFR 257.96.
3745-525-960 Selection of remedy, 40 CFR 257.97.
3745-525-970 Implementation of the corrective action program, 40 CFR 257.98.
These rules address coal combustion residuals (CCR) regulations.
The purpose of this rulemaking is to fulfill the obligations of ORC section 3734.48, which prescribes the director to adopt rules having uniform application throughout the state governing coal combustion residuals units. The director shall ensure that the rules are equivalent to, but not more stringent than, 40 C.F.R. Part 257.
The public comment period will run until June 2, 2026. A public hearing on this proposed rulemaking will be held to consider public comments in accordance with Section 119.03 of the Ohio Revised Code. Ohio EPA will be holding an in-person and virtual public hearing on the rules on June 2, 2026 at 10:30 a.m. The in-person hearing will be at the same time and date and will be located at Ohio EPA, Suite 700, 50 W. Town Street, Columbus, Ohio 43215. During the hearing, the public may submit written comments on the record about the proposed rules if participating virtually and verbally if participating in person.
Citizens who want to participate virtually must register in advance for the meeting at: https://events.gcc.teams.microsoft.com/event/12733092-572d-4aaf-9dc6-f1420ec4fa37@50f8fcc4-94d8-4f07-84eb-36ed57c7c8a2.
Registration for the in-person hearing is not required. Citizens intending to give testimony at the hearing should notify the Ohio EPA Public Interest Center, P.O. Box 1049, Columbus, Ohio 43216-1049, (614) 644-2160 or by emailing mary.mccarron@epa.ohio.gov. Prior registration will ensure that registrants are heard ahead of those individuals who register at the hearing. Oral testimony may be limited to five minutes, depending on the number of persons testifying. All interested persons are entitled to attend or be represented and to present oral and/or written comments concerning the proposed rulemaking.
Written testimony should be sent to the attention of Michelle Mountjoy at the Division of Materials and Waste Management, P.O. Box 1049, Columbus Ohio 43216-1049 or can be submitted electronically below. Written comments may also be submitted to the Hearing Officer at the public hearing. Written testimony will receive the same consideration as oral testimony. All testimony received at the hearing or by close of business on June 2, 2026, will be considered by Ohio EPA prior to final action on this rulemaking proposal. Written comments submitted after this date may be considered as time and circumstances permit.
Questions regarding this rule package should be directed to Michelle Mountjoy at the Division of Materials and Waste Management at (614) 728-5372 or michelle.mountjoy@epa.ohio.gov.
To receive a copy of the proposed rules, please contact the Division of Materials and Waste Management receptionist at (614) 644-2621. In addition, full copies of all proposed rules are available for review at any Ohio EPA district office and at the Ohio EPA central office. The proposed rules are also accessible on DMWM web page at https://epa.ohio.gov/divisions-and-offices/materials-and-waste-management/regulations/proposed-rules.
To request a reasonable accommodation due to a disability, visit https://epa.ohio.gov/ada.
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